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Reserve Forces Act 1980

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32 Occasion for and period of recall under s. 31.E+W+S+N.I.

(1)An army pensioner liable under section 31 above to be recalled for service may be recalled at any time when persons of the [F1Regular Reserve] are called out for permanent service.

In this subsection the expression “called out for permanent service” means called out for permanent service under [F2a call-out order under section 52 of the Reserve Forces Act 1996].

(2)An air force pensioner liable under section 31 to be recalled for service may be recalled at any time when persons of the Air Force Reserve are called out for permanent service.

In this subsection the expression “called out for permanent service” means called out for permanent service [F3a call-out order under section 52 of the Reserve Forces Act 1996].

(3)A person recalled for service under section 31—

(a)shall be deemed to be enlisted in the [F4regular forces or the regular air force] [F4regular army or the Royal Air Force] , according as he was an army pensioner or an air force pensioner, for the period mentioned in subsection (4) below, unless

(b)on his recall he requires to be enlisted for that period in accordance with [F5section 2 of the Army Act 1955, or section 2 of the Air Force Act 1955, as the case may require] [F5regulations under section 328 of the Armed Forces Act 2006] , and upon such enlistment he shall not be deemed to have been enlisted by virtue of paragraph (a) above.

(4)The period referred to in subsection (3) above is one—

(a)beginning with the time [F6as from which a person is recalled for] [F6the person is accepted (by virtue of section 36) into] service under section 31, and

[F7(b)ending with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force authorising the call-out of persons of the [F1Regular Reserve] or the Air Force Reserve, as the case may be.]

(5)[F8Nothing in the following provisions shall prejudice the operation of the provisions of this section—

(a)the provisions of the M1Army Act 1955 or the M2Air Force Act 1955 as to the term for which a person may be enlisted;

(b)the provisions of the M3Army and Air Force Act 1961 corresponding to the provisions mentioned in paragraph (a) above; and

(c)the provisions of section 2 of the M4Armed Forces Act 1966 and regulations made under that section corresponding to the provisions mentioned in paragraph (a).]

[F8No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.]

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Amendments (Textual)

F2Words in s. 32(1) substituted (1.4.1997) by S.I. 1997/306, art. 16(2)

F3Words in s. 32(2) inserted (1.4.1997) by S.I. 1997/306, art. 16(3)

F4Words in s. 32(3)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5Words in s. 32(3)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6Words in s. 32(4)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7S. 32(4)(b) substituted (1.4.1997) by S.I. 1997/306, art. 16(4)

F8S. 32(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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